Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Exchange of Notes between Canada and the United States of America concerning the Establishment of a Satellite Tracking Station near St. John's, Newfoundland [1960] CATSer 8 (24 August 1960)

E102078 - CTS 1960 No. 19

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA CONCERNING THE ESTABLISHMENT OF A SATELLITE TRACKING STATION NEAR ST. JOHN’S, NEWFOUNDLAND

I

The Ambassador of the United States of America to Canada to the Secretary of State for External Affairs

THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA

OTTAWA, August 24, 1960

No. 367

The Honorable Howard C. Green
Secretary of State for External Affairs
Ottawa

Sir:

I have the honor to refer to recent discussions between representatives of our two Governments concerning our common interests in the advancement of science, particularly in the increase of man’s knowledge of his spatial environment and its effects. In view of the mutual benefits that could result from the extension of such knowledge and from its peaceful applications, the Government of the United States proposes that the Government of Canada join with it in a co-operative effort for tracking and receiving radio signals from space vehicles to be carried out in accordance with the terms annexed to this Note.

It is understood that to the extent this agreement will depend on funds appropriated by the Congress of the United States it is subject to the availability of such funds.

If the Canadian Government concurs, I propose that this Note and your reply shall constitute an agreement effective from the date of your reply.

Accept, Excellency, the renewed assurances of my highest consideration.

R. B. Wigglesworth

ANNEX

CONDITIONS TO GOVERN THE ESTABLISHMENT AND OPERATION OF A MINITRACK STATION IN THE VICINITY OF SAINT JOHN’S, NEWFOUNDLAND

(This effort is to be conducted through a co-operating agency from each Government, which on the part of the United States Government will be the National Aeronautics and Space Administration and on the part of the Canadian Government will be the National Research Council.)

1. Sites

The location and size of the station site required in Canada shall be a matter for mutual agreement by the co-operating agencies of the two Governments. Canada shall acquire and retain title to all lands required for the station.

2. Liaison Arrangements

The co-operating agencies of both Governments shall consult fully at all stages of station site selection, construction and operation.

3. Provision of Electronic Equipment

(a) The Canadian Government reaffirms the principle that electronic equipment at installations on Canadian territory should; as far as practicable, be manufactured in Canada. The question of practicability must, in each case, be a matter for consultation between the co-operating agencies of both Governments to determine the application of the principle. The factors to be taken into account shall include availability at the time required, cost and performance.

(b) Because of the delivery problems and the relatively small quantities involved, it is agreed that the technical component will, in all probability, be provided from a U.S. source. The question of installation, however, should be decided in consultation between the co-operating agencies of both governments.

4. Construction

(a) Procedures for accomplishing construction of the station and for the procurement of construction equipment, construction supplies and related technical services shall be determined by agreement between the co-operating agencies of the two Governments.

(b) Rates of pay and working conditions will be set after consultation with the Canadian Department of Labour, in accordance with the Canadian Fair Wages and Hours of Labour Act.

5. Canadian Law

Nothing in this Agreement shall derogate from the application of Canadian law in Canada, provided that, if in unusual circumstances its application may lead to unreasonable delay or difficulty in construction or operation, the United States authorities concerned may request the assistance of Canadian authorities in seeking appropriate alleviation. In order to facilitate the rapid and efficient construction of the station, Canadian authorities will give sympathetic consideration to any such request submitted by the United States Government authorities.

The cost of construction of the station, of the provision and replacement of specialized equipment and of necessary specialized training of operational personnel shall be the responsibility of the U.S. Canada shall provide the land for the station site at no cost to the United States. Following construction of the station, the maintenance and other costs associated with the operation of the station except those pertaining to additional equipment and new construction shall be borne by Canada. The costs connected with the pay and upkeep of United States personnel posted to the station for scientific or other purposes will be borne by the United States Government. The two Governments shall co-operate fully to ensure that the station is established, maintained and operated with all possible economy.

7. Manning

The manning of the station will be carried out by Canadian personnel; the United States co-operating agency may by agreement with the Canadian co-operating agency station personnel at the site if it is deemed technically desirable to do so.

8. Period of Operation of the Station

This Agreement will remain in effect for a period of ten years and for such additional periods as may be subsequently agreed upon by the two Governments. Either Government, however, may terminate the Agreement at any time by giving the other Government ninety days written notice of intent to terminate, in which event the Agreement will terminate at the end of the ninety day period.

9. Ownership of Removable Property

The United States shall retain ownership of any removable property (including readily demountable structures) it provides. The United States shall have the right of removing or disposing of all such property on termination of this agreement, provided that removal or disposal shall not be delayed beyond a reasonable time after the date upon which the operation of the station has been discontinued. The disposal of United States excess property in Canada shall be carried out in accordance with the provisions of the Exchange of Notes of April 11 and 18, 1951, between the Secretary of State for External Affairs and the United States Ambassador in Ottawa concerning the disposal of excess property.

10. Telecommunications

Established commercial communication systems will be used where practical for communication between the station and appropriate United States bases. The cost of this or any special installations that may be necessary will be borne by the United States co-operating agency. Operation and maintenance of all communication equipment will be the responsibility of the Canadian co-operating agency. The Canadian co-operating agency will also be responsible for appropriate approvals and the assignment of frequencies.

11. Scientific Information

All scientific data obtained in the course of operation of this station shall be made available to both Governments. The station can be used for independent scientific activity of the Canadian Government, it being understood that

(a) such activities will be conducted so as not to conflict with the agreed schedule of operation; and

(b) any additional operating costs resulting from such independent activity will be borne by the appropriate Canadian authorities.

12. Canadian Immigration and Customs Regulations

(a) Except as otherwise agreed, the direct entry of United States personnel from outside Canada shall be in accordance with Canadian customs and immigration procedures which will be administered by local Canadian officials designated by Canada.

(b) Canada will take the necessary steps to facilitate the admission into the territory of Canada of such United States co-operating agency personnel as may be assigned to visit or participate in the operation of the station.

13. Taxes

The Canadian Government shall grant remission of customs duties and excise taxes on goods imported and of federal sales and excise taxes on goods purchased in Canada which are or are to become the property of the United States Government and are to be used in the construction and/or operation of the installations, as well as refunds by way of drawback of the customs duty paid on goods imported by Canadian manufacturers and used in the manufacture or production of goods purchased by or on behalf of the United States Government and to become the property of the United States Government for the construction or operation of the installations.

14. Supplementary Arrangements and Administrative Agreements

Supplementary arrangements or administrative agreements between the co-operating agencies of the two Governments may be made from time to time for purposes of carrying out the intent of this Agreement.

II

The Secretary of State for External Affairs to the Ambassador of the United States of America to Canada

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, August 24, 1960

No. 161

His Excellency Richard B. Wigglesworth
Ambassador of the United States of America
Ottawa

Excellency:

I have the honour to refer to your Note No. 367 of August 24, 1960 in which you propose that the Government of the United States should join with the Government of Canada in a co-operative effort for tracking and receiving radio signals from space vehicles to be carried out in accordance with the terms annexed to your Note, through the establishment of a satellite tracking station near St. John’s, Newfoundland.

I have the honour to state that the Government of Canada is prepared to enter into an agreement to establish such a station on the conditions set out in the annex to your Note, and therefore accepts your proposal that your Note and this reply should constitute an agreement for this purpose.

It is understood that to the extent that this agreement will depend on funds appropriated by the Canadian Parliament, it is subject to the availability of such funds.

Accept, Excellency, the renewed assurances of my highest consideration.

Howard Green,

Secretary of State for External Affairs